8.16. SR 08-19-1996 - Laserfiche WebLink

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6. Variances. ~ s~t Variances may be considered for deviations from the strict application of the standards forth in this Ordinance. Variances may only be granted in accordance with Minnesota Statutes, Chapter 462 and if the following conditions are present: i. The strict enforcement of the land use controls will result in unnecessary hardship. ii. Granting of the variance is not contrary to the purpose and intent of this ordinance and is consistent with Minnesota Rules, parts 6105.0800 - 6105.0960. iii. There are exceptional circumstances unique to the subject property which were not created by the landowner. iv. Granting of the variance will not allow any use which is neither a permitted or conditional use in the land use district in which the subject property is located. v. Granting of the variance will not alter the essential character of the locality. fi('. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. F_.. ~ Additional Standards for Nonconforming Sewage Treatment Systems. For existing developments, the application for a variance shall clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, shall require reconstruction of a nonconforming sewage treatment system. /d~t The Board of Adjustment shall hear and decide requests for variances in accordance h the rules that it has adopted for the conduct of business. All granted variances to the requirements of this ordinance must be certified in accordance with Sections 906.04 (3) and (4) of this Ordinance before they become effective. 7. Plats. .~. Copies of all plats with~ the Mississippi Wild and Scenic River District shall be forwarded to the Commissioner within ten days of approval by the City of Elk River. /.3 ~.- Approval of a plat which is inconsistent with this ordinance is permissible only if the detrimental impact of the inconsistency is more than overcome by other protective characteristics of the proposal. . C fi'~th All inconsistent plats approved by the City of Elk River must be certified in accordance Sections 906.04 (3) and (4) of this Ordinance. 8. Conditional Use Permit Application Review by DNR - A copy of all notices of any public hearing, or where a public hearing is not required, a 6opy of the application to consider issuance of a conditional use permit shall be sent so as to be received by the Commissioner at least 30 days pr/or to such a hearing or meeting to consider issuance of a conditional use permit. Additional evaluation criteria and conditions from Section 904.08 (7) shall be considered in evaluating conditional use permit requests. A copy of the decision shall be forwarded to the Commissioner within ten days of such action. 6